SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 __________________ FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported) August 5, 2004 -------------- ICU MEDICAL, INC. ----------------- (Exact name of registrant as specified in its charter) DELAWARE 33-0022692 -------- ---------- (State or other jurisdiction (I.R.S. Employer Identification No.) of incorporation) 0-19974 ------- (Commission File Number) 951 Calle Amanecer, San Clemente, California 92673 - -------------------------------------------- ----- (Address of principal executive offices) (Zip Code) (949) 366-2183 -------------- Registrant's telephone number, including area code N/A --- (Former name or former address, if changed since last report)
INFORMATION TO BE INCLUDED IN THE REPORT Item 9. Regulation FD Disclosure On August 5, 2004, ICU Medical, Inc. announced that the Court denied ICU Medical's request for a preliminary injunction in a patent infringement lawsuit filed against Alaris Medical Systems, Inc. by ICU Medical, Inc. Item 7. Financial Statements and Exhibits 99.1 Press release, dated August 5, 2004 announcing that the Court denied ICU Medical, Inc.'s request for a preliminary injunction in the patent infringement lawsuit. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized. Date: August 5, 2004 ICU MEDICAL, INC. /s/ Francis J. O'Brien ------------------------------ Francis J. O'Brien Secretary, Treasurer and Chief Financial Officer
Exhibit 99.1 ICU MEDICAL, INC. COURT DENIES ICU MEDICAL REQEUST FOR PRELIMINARY INJUNCTION AUGUST 5, 2004, SAN CLEMENTE, CALIFORNIA --ICU Medical, Inc., (NASDAQ/NMS:ICUI), a leading low cost manufacturer of safe medical connectors and custom intravenous systems, today announced that the United States Court for the Central District of California denied the Company's request for a preliminary injunction against Alaris Medical Systems, Inc. ICU Medical filed suit against Alaris on June 16, 2004. The lawsuit asserts that Alaris is infringing ICU Medical's patent in the manufacture and sale of the SmartSite and SmartSite Plus needle-free valves and systems. "Preliminary injunctions are rarely granted," stated Dr. George Lopez, Chairman and President of ICU Medical. "This denial of preliminary injunction only means that Alaris will be able to continue to sell the products while the case is in the courts." Dr. Lopez continued, "Our Company will continue to vigorously protect and enforce our patents using all remedies provided by law to which we believe we are entitled." ICU Medical seeks a permanent injunction against Alaris, monetary damages, and its attorneys' fees and costs. CONTACT: Francis J. O'Brien Chief Financial Officer ICU Medical, Inc. (949) 366-2183 John F. Mills Managing Director Integrated Corporate Relations (310) 395-2215